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People who used Napster to access digital music online were branded thieves by the RIAA and the music industry in general. Perhaps somewhat controversially, I would argue that the music industry didn t provide a method as easy or convenient to buy their products. It isn t fair to brand somebody a thief when the industry has done nothing to make it possible to comply, short of engaging in a very much more complex and less immediate transaction. There are limits to this line of argument, of course. I would in no way condone shoplifting merely because the process of paying for goods in a store involves a more complex and less immediate transaction. The point is that when Napster arrived, most major-label music was not even available online, unless you ordered a CD and waited for it to come through the mail. There wasn t (and still isn t) a widely available, quasi-standardized, micropayments currency, other than credit cards (which impose practical limits on the minimum transaction), available to online consumers of digital music either. As a method of distribution and as a rival to radio airplay, Napster and other file-sharing utilities were incredibly cost effective and efficient. Users paid for the storage and for the bandwidth to transport music from one person to another. Claims that CD sales were adversely affected were hard to substantiate, since Napster undoubtedly increased the exposure and hence sales of music by lesser-known artists who
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would otherwise have had a difficult time attracting the spotlight. The losers were the popular artists who already enjoyed saturation-marketing support from the existing music industry. Their audiences were somewhat diluted as people found alternatives online. Their monopoly of the airwaves counted for less. Consumers didn t see their use of peer-topeer networks as theft, but more like a way to sample new things free. What was missing was a way for content owners to get paid. Peer-to-peer file-sharing utilities had the added advantage of letting those knowledgeable about music gain additional kudos and respect by donating that knowledge in the form of recommendations to other users. The music was not the only valuable content available. Somebody looking to broaden musical tastes could save himself or herself a lot of time and money through having something recommended by someone whose taste he or she trusted. In economic terms, the recommendations shortcircuited the search process and hence navigated the user to a satisfactory piece of music for very little investment in time. There has been much talk about digital rights management as a way to allow content owners to get paid and not have their works stolen. If these systems are introduced clumsily, so that consumers now have a very much more complex transaction to complete in order to access digital media, consumers are likely not to bother. Digital rights management systems that threaten to blow up your stereo, or call the FBI whenever the digital license gets corrupted, or cannot be read will rightly encounter harsh consumer resistance. On the other hand, systems that make it easy to get digital works fairly will probably succeed. Peer-to-peer file-sharing applications are here to stay. Companies like Kontiki and Red Swoosh are already working on next generation peerto-peer solutions. No rights management system will ever be able to prevent all unauthorized access or copying on a peer-to-peer network. People determined to share their media with their friends will always find a way to do so. When Napster started removing copyright works from its database, users simply renamed those works with deliberate and obvious misspellings, or even in pig-Latin. In the end, there is no way to secure sound waves traveling through air or photons heading toward eyeballs in electromagnetic waves. Recently, record companies have begun to buy online properties like Napster, Duet, MusicNet, and mp3.com. However, without content from all the major labels on the now-proprietary search engines, consumers are bound to be unhappy. One of the great things about Napster was that it was a one-stop shop; a kind of celestial jukebox. If consumers
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